Century Engineering Corp.

National Labor Relations Board - Board Decisions

Jul 17, 1943

51 N.L.R.B. 412 (N.L.R.B. 1943)

In the Matter of CENTURY ORDNANCE DIVISION OF CENTURY ENGINEER-
ING CORPORATION and UNIrmD FARM EQUIPMENT AND METAL WORK-
ERS OF AMERICA, C. I. O.
Case No. R-56-12.-Decided July 17, 19.413
Sargent, Spangler cC Hines, by Mr. Donald T. Hines, of Cedar
Rapids, Iowa, for the Company.
Meyers and Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
C. 1. 0.
Mr. Leonard Mattson, of Kenosha, Wis., and Mr. George Samuelson,
of Cedar Rapids, Iowa, for the I. A. M.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition 'duly filed by United Farm Equipment and Metal
Workers of America, affiliated with the C. I. 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Century Engineering
Corporation, Cedar Rapids, Iowa, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Clarence A. Meter, Trial Examiner. Said
hearing was held at Cedar Rapids, Iowa, on July 1, 1943. The Com-
pany, the C. I. 0., and International Association of Machinists,
Local No. 831, unaffiliated, herein called the I. A. M., appeared,'
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
upon the issues. During the hearing the I. A. M. moved to dismiss
the petition. The motion was referred to the Board for final dis-
position. For reasons appearing hereinafter, the motion is denied.
The Trial Examiner's rulings made at the hearing are free from prej-
' International Brotherhood of Electrical Workers, A. F of L ., although served with notice
of the hearing, did not appear.
51 N. L. R. B., No. 82.
412
CENTURY ORDNANCE DIVISION OF CENTURY ENGINEERING CORP. 413
udicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Century Engineering Corporation, an Iowa corporation, with its
principal office and plant at Cedar Rapids, Iowa, is engaged in the
manufacture and sale of bomb fuses and domestic heating units.
During the year ending July 1, 1943, the Company purchased raw
materials valued in excess of $800,000, approximately 99 percent of
which was shipped to the Cedar Rapids plant from points outside the
State of Iowa. During the same period, the finished products of
the aforesaid plant amounted in value to approximately $3,000,000,
of which approximately 98 percent was shipped to points outside the
State of Iowa. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Farm Equipment and Metal Workers of America, affiliated
with the Congress of Industrial Organizations, and International
Association of Machinists, Local No. 831, unaffiliated, are labor or-
ganizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the C. I. O. on May 26, 1943, notified the
Company by letter that it represented a majority of the Company's
employees and requested recognition as exclusive bargaining agent.
The Company declined to recognize the C. I. O. asserting that it was
bound by existing agreements with the I. A. M.
The record discloses that the Company operates its business under
two divisions designated as the Century Ordnance Division and the
Heating Division. There are in existence contracts ' between the
I. A. M. and the Company covering each of these Divisions, respec-
tively. The contract covering,the Century Ordnance Division employ-
ees was executed on July 28, 1942, and provides that it shall remain in
effect for 1 year and automatically renew itself thereafter unless one
of the parties gives 30 days' written notice to the other of a desire to
terminate it; no such notice has as yet been given. The contract cov-
ering the Heating Division employees was entered into on June 12,
1941, with provision for its expiration on December 31, 1942. It like-
wise contains a 30-day automatic renewal clause, and no notice of
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
termination having been given prior to the running of the 30-day
period, the parties consider the contract to be effective until Decem-
ber 31, 1943. The I. A. M. contends that the existing contracts are a
bar to a present determination of representatives and moves for the
dismissal of'theipetition. -Since the Company was apprised of the
C. I. O.'s claim in regard to the employees of the Century Ordnance
Division prior to the 30 days' notice period, we find that the contract
covering these employees is not a bar to a present determination of
representatives.z
We find, however, that since the C. I. O. did not notify the Company
of its claim to representation in regard to the Heating Division em-
ployees until approximately 6 months after the contract covering this
Division had been validly renewed, and since such notice is premature
as regards the next notice period, the I. A. M. contract covering these
employees constitutes a bar to a determination of representatives in
that Division at this time. A new petition with respect to the Heating
Division, employees thus, may -be filed at a reasonable time prior to
November 30, 1943, when notice under the contract is due.
A statement prepared by the Acting Regional Director, introduced
in evidence, indicates that the unions represent a substantial number
of employees in the unit hereinafter found to be appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within'the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The C. I. O. contends, in general, that all production and mainte-
nance employees of -both Divisions of the Company, excluding office and
clerical employees, draftsmen, technical engineers, armed guards, and
office employees, constitute an appropriate unit. The Company and
the I. A. M. do not oppose the classification of employees proposed by
the C. I. 0., their position being confined to the contention that the
employees in the Heating Division should not be included in the unit
requested by the C. I. O. '
m Matter o f Mill B, Ino, 40 N. L R. B. 346.
The Acting Regional Director's statement ,. supplemented by a statement of the Trial
Examiner , shows that the C. I. 0. submitted 222 authorization cards, all of which bear
apparently genuine signatures , and 150 of which bear names of persons whose names are
listed on the Company' s Ordnance Division pay roll of June 5, 1943 ; there are 388 employees
in the appropriate unit. The cards were dated as follows : 19 in October 1942 ; 10 in May
1943; 10 in June 1943, and 183 undated . The I . A M submitted 296 application cards,
all of which bear apparently genuine signatures, and 266 of which bear names of persons
whose names are listed on the Company's pay roll of June 16, 1943 ; this pay roll contains
the names of 390 employees. The cards were dated as follows : 4 in 1939; 1 in 1940; 19
in 1941; 27 rbetween January and July, 1942; 142 between July 1942 and January 1943;
94 between January and July 1943 ';' and 9 undated.
CENTURY ORDNANCE DIVISION OF CE\TU'RT ENGINEERING CORP. 415
For the reasons set forth in Section III, above, we shall exclude the
employees of the Heating Division from the unit hereinafter found
appropriate.
As indicated above, the parties agreed upon the classification of
employees that should comprise the unit, in the event the Board found
that the appropriate unit should be confined to the employees in the
Century Ordnance Division. In substantial accordance with that
agreement 4 we find that all production and maintenances employees
of.the Company in its Century Ordnance Division, excluding super-
visory 6 employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status. of employees, or effec-
tively recommend such action, office and clerical employees, drafts-
men, technical engineers, armecl,guards, and office janitors, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
There is pending before the Board a proceeding against the Com-
pany upon charges alleging unfair labor practices, including, among
other things, the alleged discriminatory discharge of six employees.
The C. I. 0., however, desires an early election and has formally
waived the right to protest an election in this case on any grounds set,
forth in that proceeding. -, Accordingly,. we shall,not..postpone the
election pending a determination of the unfair labor practice charges.
In the event that the Company is hereafter found to have engaged in
unfair labor practices in discharging the six employees in question and
the Board orders their reinstatement, their continuing employee
status will have been established. We shall therefore, in accordance
with our usual practice in this respect, permit the six employees to cast
their ballots in the election. However, their ballots shall be im-
pounded and we shall defer 'rulings as to their validity, pending
disposition of the unfair labor practice charges.
We shall direct that the question concerning representation "which
has arisen be resolved by an election by secret ballot,=among,the}em
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said
Direction.
* Thus is substantially the same unit as covered by the contract.
5 The parties stipulated that the category of "production and maintenance " employees
includes production department clean -up men and elevator operators.
9 The parties stipulated that the term "supervisory" should include foremen , assistant
foremen and time -study employees.
Case No"y18-C--9.56
416 DECISIONS OF NATLO^NAL LABOR RERATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor- Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Century Ordnance
Division of Century Engineering Corporation, Cedar Rapids, Iowa,
an election, by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction; under
the direction and supervision of the Regional Director for the
Eighteenth. Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date -of this Direction, including the
six persons alleged to have been discriminatorily discharged, employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether they_desire to be represented by United
Farm Equipment and-Metal Workers of America, affiliated with the
C. I. 0., or by International Association of Machinists, Local No. 831,
unaffiliated, for the purposes of collective bargaining, or by neither.